Who will made the decisions on how to exploit the work: Sale of Rights Publishers who acquire the exclusive international rights for a book will set a royalty schedule for when those rights are sold to third parties or their own overseas subsidiaries.
Finally, after almost giving up, a literary agent has expressed an interest in representing you and your book.
If the agent balks at answering your questions or fails to respond respectfully to your request for changes, she may not be the best person to work with you.
And make certain that the collaboration agreement has a well-drafted integration clause. There is often the option for the author to buy more copies at a discount, though these books won't be counted towards the author's royalties and there may be restrictions on selling them.
It may be that she is looking to broaden her book of business. The gears of publishing turn slowly, even in the digital age. Copyright and related rights 4. It is important that professional legal advice be obtained before acting upon any of the information contained in this article. You could surely benefit from having a lawyer look at the draft agreement that you and your collaborator draw up.
The split percentages vary, but are often in the When a joint work is created, each collaborator is presumed to co-own the copyright, and share equally in royalties. Keep in mind that as co-authors, absent a written collaboration agreement dealing with the point, the law presumes the collaborators to be equal owners of all rights in the book and that would presumably include all rights in any contracts related to the book.
While Kathryn is a lawyer, this post does not constitute legal advice. For more info see: If one side to a transaction is unhappy, my long deal-making experience has shown me that both sides will be unhappy.
A note of caution. The first two chapters of A Kill in the Morning. But there is a host of other rights encompassed in the representation agreement and ultimately in any publishing contract. Keep in mind that you are negotiating a very long term relationship. For what it's worth, the professional author's organization I belong to strongly recommends that authors retain their copyrights.
Control of business e. If the current, jointly authored book sells well enough, whether or not sufficiently well to recoup the advance, but one or both of the authors is not recouped under some other agreement with the publisher, the publisher may have the right to recoup from both authors in the current contract unrecouped amounts due only one or both authors in other contracts with that publisher.
Translation rights for some of my own trade published computer books have been: Author advocacy organizations can be a good source for publishing contract advice, but the catch is you usually have to be a published writer before you can join. These are known as territories. Reserve Against Returns Publishers usually insist on a clause allowing them to establish "a reasonable reserve against returns.
However, often that intention is not clearly stated and thus it is up to the court to decide what the authors intended. And even if the publisher can only charge the account of the non-participating author, what if that account is not sufficient to cover the total costs of the replacement party.
If the size of your publishing venture seems modest by commercial publishing standards, keep in mind that you are still bound by the same rules that apply to bestselling authors and large scale commercial publishing ventures.
Consider the terms carefully Proposed contracts with agents are just that — proposed. The termination provision If the agency relationship is no longer working out, you will want to end it.
Both parties should take steps to ensure the factual accuracy of manuscript. Whether or not that approval is required, the author must promptly review revisions for errors. Many publishers will not consider submissions except via agents. Commissioning Editor A person at the publishers who finds books to buy, edit and publish.
The overall effect of joint authorship is that each author is responsible for the conduct, contractual and other obligations of the other. A related issue is who has the right to exploit the material already written if the project is canceled or the collaborators decide not to work together.
Will one of you receive the money and pass it through to the other usually a bad idea for the "other"?. CO-AUTHOR ISSUES IN BOOK CONTRACTS IVAN HOFFMAN, B.A., J.D.
For the sake of simplicity, I will assume for this article that the writing will be done by just 2 authors and for 1 publisher.
or royalties due under the current contract were insufficient to allow full recoupment of a sum owed under another contract, the co-author could find. A review is free advertising and gives the Author feedback on their book or writing style.
Author understands that not all reviews will be positive or as high a rating as they wish. Further, Author should also submit their Work to review sites. Most new authors fail to retain legal counsel before signing their first book contract, and actually depend on the acquisitions editor to tell them what's fair and normal for the publisher to request.
The author may have to go through a set procedure, such as requesting in writing that the book be reprinted and waiting a pre-defined time. I already have a written contract with my co-writer, paying her by the page.
Can't I just include the fact in the contract that I am paying her by the page for the book, and putting her name on.
Finding a book publisher is every author's dream, but not all publishers are successful or trustworthy. Check very carefully before signing a book contract and entering into a book deal. SIGNING A CONTRACT TO WRITE A TEXTBOOK: PLANNING, CO-AUTHORS, NEGOTIATIONS, AND CONTRACT PROVISIONS David Kurtz, University of Arkansas ABSTRACT At some point in their career, many marketing professors consider writing a textbook.Co writing a book contract signing